The Inspector General Of ... vs C.R.Gandhi
2023 Latest Caselaw 9402 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 01.08.2023

                                                     CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.A.(MD)No.1416 of 2014
                                                     and
                                             M.P.(MD)No.1 of 2014

                     1.The Inspector General of Registration,
                       Santhome, Chennai-4.

                     2.The Joint Sub Registrar-1,
                       Nagercoil,
                       Kanyakumari District.

                     3.The District Registrar,
                       Nagercoil,
                       Kanyakumari District.                         ...Appellants


                                                       /Vs./

                     1.C.R.Gandhi
                     2.Puhazh Gandhi.P
                     3.Malar G.P.
                     4.Priya G.P.
                     5.R.Gomathi Ammal                               ...Respondents




                     1/4



https://www.mhc.tn.gov.in/judis
                     PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
                     allow the writ appeal by setting aside the order dated 04.07.2014 passed
                     in W.P.(MD)No.121 of 2013 on the file of this Court.

                                            For Appellants      : Mr.S.Shaji Bino
                                                                  Special Government Pleader
                                            For R1, R3 & R4     : Mr.Georse Paul Anto
                                                                  for Mr.G.Kannan
                                            For R2 & R5         : No Appearance


                                                     JUDGMENT

(Judgment of the Court was delivered by R.VIJAYAKUMAR, J.)

The present appeal has been filed by the State challenging the

allowing of the writ petition, wherein unilateral cancellation of the

settlement deed was set aside.

2.The writ petitioners have filed writ petition seeking to quash

the registration of the documents No.4921 /2011 dated 15.12.2011 on the

file of the Joint Sub Registrar I, Nagercoil, Kanyakumari District on the

ground that the fourth respondent in the writ petition, having executed

https://www.mhc.tn.gov.in/judis the settlement deed under document No.3128/2011, dated 22.07.2011

had unilaterally cancelled the same under the impugned document. The

learned single Judge was pleased to allow the Writ Petition and had set

aside the registration of the cancellation deed.

3.The Full Bench of this Court in Sasikala and others vs.

Revenue Divisional Officer cum Sub Collector, Devakottai, Sivagangai

District and others [(2022) 7 MLJ 1] has held that the Sub Registrar has

no jurisdiction to entertain such unilateral cancellation deeds. Therefore,

we do not find any merit in this writ appeal and same is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                              [A.S.M.J.,] & [R.V.J.,]
                                                                    01.08.2023
                                                                       (1/3)
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     ta

https://www.mhc.tn.gov.in/judis DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

ta

Order made in W.A.(MD)No.1416 of 2014

Dated:

01.08.2023 (1/3)

https://www.mhc.tn.gov.in/judis